30 TAC 116.010 - 116.011, September 13, 1993

Subchapter A Definitions

Unless specifically defined in the Texas Clean Air Act (TCAA) or
in the rules of the Commission, the terms used by the commission
have the meanings commonly ascribed to them in the field of air
pollution control. In addition to the terms which are defined by
the TCAA, and in § 101.1 of this title (relating to General
Rules), the following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly
indicates otherwise.

De minimis impact - A change in ground level concentration of an
air contaminant as a result of the operation of any new major
stationary source or of the operation of any existing source which
has undergone a major modification, which does not exceed the
following specified amounts.

Air Contaminant

Annual

24-Hour

8-Hour

3-Hour

1-Hour

Inhalable Particulate Matter
(PM10)

1.0 µg/m3

5 µg/m3

Sulfur Dioxide

1.0 µg/m3

5 µg/m3

25 µg/m3

Nitrogen Dioxide

1.0 µg/m3

Carbon Monoxide

0.5 µg/m3

2.0 µg/m3

Emissions unit - Any part of a stationary source which emits or
would have the potential to emit any pollutant subject to
regulation under the Federal Clean Air Act (FCAA).

Federally enforceable - All limitations and conditions which are
enforceable by the Administrator of the United States Environmental
Protection Agency (EPA), including those requirements developed
pursuant to Title 40 of the Code of Federal Regulations Parts 60
and 61 (40 CFR 60 and 61), requirements within any applicable State
Implementation Plan (SIP), any permit requirements established
pursuant to 40 CFR 52.21, or under regulations approved pursuant to
40 CFR Part 51, Subpart I, including permits issued under the
EPA-approved program that is incorporated into the SIP and that
expressly requires adherence to any permit issued under such
program.

Lead smelting plant - Any facility which produces purified lead
by melting and separating lead from metal and nonmetallic
contaminants and/or by reducing oxides into elemental lead. Raw
materials consist of lead concentrates, lead bearing ores or lead
scrap, drosses, or other residues. Additional processing may
include refining, alloying, and even oxidizing into lead oxide. A
facility which only remelts lead bars or ingots for casting into
lead products is not considered to be a smelter.

New source - Any stationary source, the construction or
modification of which is commenced after March 5, 1972.

Nonattainment area - A defined region within the state which is
designated by the U.S. EPA as failing to meet the National Ambient
Air Quality Standard for a pollutant for which a standard exists.
The EPA will designate the area as nonattainment under the
provisions of the FCAA, § 107(d).

Public notice - The public notice of application for a permit as
required in this chapter.

Source - A point of origin of air contaminants, whether
privately or publicly owned or operated. Upon request of a source
owner, the Executive Director shall determine whether multiple
processes emitting air contaminants from a single point of emission
will be treated as a single source or as multiple sources.

116.011 Compliance History
Definitions

Unless specifically defined in the TCAA or in the rules of the
commission, the terms used by the commission have the meanings
commonly ascribed to them in the field of air pollution control. In
addition to the terms which are defined by the TCAA, and in §
101.1 of this title (relating to General Rules), the following
terms, when used in the undesignated head of this chapter regarding
Compliance History, shall have the following meanings, unless the
context clearly indicates otherwise.

Adjudicated decision--Any conviction, final order, judgment, or
decree as follows:

(A) a criminal conviction of the applicant in any court for
violation of any law of this state, another state, or of the United
States governing air contaminants;

(B) a final order, judgment, or decree of any court or
administrative agency, or agreement entered into settlement of any
legal or administrative action brought in a court or administrative
agency, addressing:

(i) the applicant's past performance or compliance with the laws
and rules of this state, another state, or of the United States
governing air contaminants; or

(ii) the terms of any permit or order issued by the commission;
or

(C) an order of any court or administrative agency, whether
final or not, respecting air contaminants for the facility that is
the subject of the permit application.

Compliance event--An adjudicated decision or compliance
proceeding as defined in this section.

Compliance history--The record of an applicant's adherence to
air pollution control laws and rules of the State of Texas, other
states, and of the United States except as provided in §
116.123 of this title (relating to Effective Dates). The history
shall be for the five-year period prior to the date on which the
application for issuance, amendment, or renewal is filed. The
compliance history shall include all compliance events, as defined
in this section.

Compliance proceeding--A notice of violation issued by the TNRCC
or other agency for which the TNRCC has recommended formal
enforcement action and has notified the applicant of such
recommendation.

Existing site--A plant property that is not a new site.

New site--A plant property having an operating history less than
five years in length as of the date of application.